Coal miners and urban greenies have one thing in common, and Labor must use it



Coal stockpiled before being loaded on to ships at a terminal in Gladstone. researchers say Labor should not “cozy up” to the coal industry.
Dave Hunt/AAP

Fabio Mattioli, University of Melbourne and Kari Dahlgren, London School of Economics and Political Science

Months after Labor’s shock election loss, it is still pondering how the Liberals metamorphosed from party of the bosses to party of the workers – one that stole an election win from under them.

At the May 18 federal election, several working class seats in Queensland did not fall into Labor’s hands as expected, and the party narrowly retained others in New South Wales with large negative swings.

They include the coal seat of Hunter, north of Sydney, where Labor’s resources spokesman Joel Fitzgibbon suffered a 10% swing against him. He this week claimed constituents were scared off by Labor’s ambitious emissions reduction goal – which necessarily entails curbing the burning of fossil fuels such as coal.

Fitzgibbon called on Labor to adopt the government’s weak emissions targets – a call that drew ire from some of his colleagues. But there is no doubt that since Labor’s election loss, the party has set about proving itself as pro-coal.




Read more:
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Days after the election, the controversial Adani mine received long-outstanding approvals from the Queensland Labor government, which also adopted a strong pro-coal message at its party conference. Federal Labor MPs were reportedly tripping over themselves to join the newly formed group Parliamentary Friends of Coal Exports.

But cosying up to coal is not the way forward for Labor. Instead, it must find the common ground that unites workers in the cities and the regions – job insecurity – and build a consensus for climate action on that basis.

Now-Labor leader Anthony Albanese in Brisbane in 2017, followed by anti-Adani protesters.
Darren England/AAP

Neo-liberalism has gutted coal communities

The rise in populist votes in Australia is to an extent part of a larger global movement spanning the UK’s Brexit vote, the election of US President Donald Trump, and the rise of far-right agitators across Europe. In Australia, as abroad, this process is the outcome of almost 50 years of neo-liberalism.

Large companies have departed from industrial heartlands, relocating abroad without implementing the same level of social protection and welfare. Blue-collar jobs have been supplanted by white- or pink-collar positions, offering careers in the immaterial world of finance and the service economy.

For some, this shift is not a bad thing, as it opens opportunities in less gruelling urban service jobs. But for working-class and coal communities, it means a loss of their way of life.

In their heyday, industrial factories were holistic experiences that synchronised workers’ lives to the rhythms of production. In coal communities, intergenerational attachments grew to the towns that were constructed to house mining workforces. So pervasive are the emotional attachments to mining that the prospect of moving into a different industry is not appealing to most. Not everyone wants to be a consultant, a service worker or a financial trader.

Office workers are seen on a lunch break at Martin Place in Sydney. Casualisation of the workforce is not confined to the mining industry.
AAP/Mich Tsikas

Labor is between a rock (of coal) and a hard place

This global trend pulls Labor in two directions. Urban workers in the services, finance or creative industries perceive climate change as the greatest threat to their futures and demand a transition from coal to renewables. Labor’s traditional base, however, is mining communities who feel threatened by the policies environmentalists are calling for.

Is there a way to navigate these apparently conflicting voter needs? Yes. But not by embracing coal and hoping city voters won’t notice. Instead, Labor must build a coalition across both coal communities and its urban base, recognising that the political issues around coal in Australia are about more than climate change.

The biggest threat to existing coal jobs is not climate policy, but the increased casualisation of the mining workforce. Coal miners are significant victims of what unions such as the the Construction, Forestry, Maritime, Mining and Energy Union has termed the “permanent-casual rort”.




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Coal workers are increasingly employed on casual contracts through labour hire companies. They work the same shifts and do the same jobs for years, but are not entitled to paid holidays or sick leave and are liable to be sacked at any time.

Insecure jobs also mean casuals are less likely to raise safety concerns. In the past year there have been six Queensland mining fatalities, the highest rate in 20 years.

This shift is not confined to mining and industrial manufacturing. Fewer than half of working Australians have full-time permanent jobs. Employers such as rideshare service Uber and others in the gig economy offer flexibility in exchange for exploitation, insecurity, and a lack of workplace protections.

Like coal miners, people working in the immaterial economy – many of whom are concerned about climate change – also face increasingly insecure workplaces.
Yet few on the side of climate action see these commonalities, or think of coal communities as potential allies.

A CFMMEU video arguing against incensed workforce casualistaion.

Labor should broker a new kind of coalition

For Labor, a pro-coal message designed to win back coal miners will only alienate its urban base. Instead of flipping scripts between electorates, the party should build a broad coalition on the common job insecurity faced by both coal miners and urban, post-industrial workers.

This would create spaces of solidarity between environmentalists and miners. It would refocus the discussion from how environmental policy puts jobs at risk to how it can address workforce insecurity across industries.




Read more:
Coal mines can be closed without destroying livelihoods – here’s how


Labor’s existing “Just Transition” policy goes part-way there. But it allocated just $15 million over four years to administer redundancies, and fund worker training and economic diversification. Judging by the election result, coal communities were not convinced by it.

Labor should look to the US, where the proposed Green New Deal promises to cut climate pollution while creating millions of safe, stable jobs, whether in weather-proofing homes, expanding railways or making wind turbines. It is underpinned by the notion that structural reform to address inequality is central to climate policy.

Coal miners are not ignorant of the changing economics of their industry. But Labor will gain ground only if it devises a climate policy that is environmentally sound and offers protection against precarious employment.The Conversation

Fabio Mattioli, Lecturer in Social Anthropology, University of Melbourne and Kari Dahlgren, PhD in Anthropology, London School of Economics and Political Science

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Adani beware: coal is on the road to becoming completely uninsurable



Insurers have to protect themselves against foreseeable risks. For insurers of fossil fuel projects, those risks are growing.
Shutterstock

John Quiggin, The University of Queensland

The announcement by Suncorp that it will no longer insure new thermal coal projects, along with a similar announcement by QBE Insurance a few months earlier, brings Australia into line with Europe where most major insurers have broken with coal.

US firms have been a little slower to move, but Chubb announced a divestment policy in July, and Liberty has confirmed it will not insure Australia’s Adani project.

Other big firms such as America’s AIG are coming under increasing pressure.

Even more than divestment of coal shares by banks and managed funds, the withdrawal of insurance has the potential to make coal mining and coal-fired power generation businesses unsustainable.

As the chairman and founder of Adani Group, Gautam Adani, has shown in Queensland’s Galilee Basin, a sufficiently rich developer can use its own resources to finance a coal mine that banks won’t touch.




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But without insurance, mines can’t operate.

(Adani claims to have insurers for the Carmichael project, but has declined to reveal their names.)

Why are insurers abandoning coal?

By the nature of their business, insurers cannot afford to indulge the denialist fantasies still popular in some sectors of industry. Damage caused by climate disasters is one of their biggest expenses, and insurers are fully aware that that damage is set to rise over time.

Even so, a sufficiently hard-headed company might choose to work both sides of the street – continuing to do business with fossil fuel companies, while also writing more expensive insurance against climate damage.

The bigger problem insurers face is the risk of litigation holding fossil fuel companies responsible for climate-related damage. For the moment, this is a potential rather than an immediate risk.

As US insurer AIG, yet to announce a divestment policy, has observed:

Based on our monitoring, while the overall volume of litigation activity has increased, past litigation seems to have largely been unsuccessful on numerous grounds including difficulties in determining and attributing fault and liability to a particular company, and the judiciary’s deference to the political branches of government on questions relating to climate change.

Recent development suggest these difficulties will be overcome.

It’s becoming easier to finger climate culprits…

Until recently, the most immediate problem facing potential litigants has been demonstrating that an event was the result of climate change as opposed to something else, such as random fluctuations in climatic conditions.

Scientific progress on this “extreme event attribution problem” has been rapid.

It is now possible to say with confidence that climate change is causing an increase in both the frequency and intensity of extreme weather and weather-related events such as extreme heatwaves, drought, heavy rains, tropical storms and bushfires.

The Bulletin of the American Meteorological Society has highlighted three extremes in 2016 that would not have occurred if not for the added influence of climate change:

  • a persistent area of unusually warm water that lingered off the Alaskan coast, causing reduced marine productivity and other ecological disruptions

  • the extreme heatwave that happened in Asia, killing hundreds and destroying crops

  • the overall global atmospheric heat record set that year.

…and to allocate liability

The second line of defence against climate litigation that has held so far is the difficulty of imputing damage to the companies that burn fossil fuels.

While it is true that all weather events have multiple causes, in many circumstances climate change caused by the burning of fossil fuels has been a necessary condition for those events to take place.

Courts routinely use arguments about necessary conditions to determine liability.

For example, a spark from a power line might cause a bushfire on a hot, dry, windy day, but would be harmless on a wet cold day. That can be enough to establish liability on the part of the company that operates the power line.

These issues are playing out in California, where devastating fires in 2017 caused damage estimated at US$30 billion and drove the biggest of the power companies, PG&E, into bankruptcy.

As a result there has been pressure to loosen liability laws, leaving the cost of future disasters to be borne by Californians in general, and their insurers.

Lawyers will be looking for someone to sue.

Adani is a convenient target

The question facing potential litigants is whether any single company contributes enough to climate change to make it meaningfully liable for particular disaster.

Adani’s Carmichael mine provides a convenient example.

Adani says the 10 million tonnes of coal it plans to mine will produce only 240,000 tonnes of carbon dioxide, but this is semantic trickery. The firm is referring only to so-called “scope 2” emissions associated with the mining process itself.

When the coal is burned it might produce an extra 30 million tonnes of carbon dioxide, amounting to about 0.05% of global emissions.

A 0.1% share of the damage associated with the California fires is US$15 million, enough to be worth suing for. Other similarly sized mines will face similar potential liabilities.

Once a precedent is established, any company in the business of producing or burning fossil fuels on a large scale can expect to be named in a regular stream of suits seeking substantial damages.

When governments are successfully sued…

The remaining line of defence for companies responsible for emissions is the history of courts in attributing climate change to decisions by governments rather than corporations.

In the Netherlands, a citizen action group called Urgenda has won a case against the Dutch government arguing it has breached its legal duty of care by not taking appropriate steps to significantly restrain greenhouse gas emissions and prevent damage from climate change.

The government is appealing, but it has lost every legal round so far. Sooner or later, this kind of litigation will be successful. Then, governments will look for another party that can be sued instead of them.

…they’ll look for someone else to blame

Insurance companies are an easy target with deep pockets. Despite its hopeful talk quoted above, AIG would find it very difficult to avoid paying up if Californian courts found the firms it insured liable for their contributions to a climate-related wildfires or floods.

This is not a message coal-friendly governments in the US or Australia want to hear.

But the decision of Suncorp to dump coal, just a couple of months after the re-election of the Morrison government, makes it clear that businesses with a time horizon measured in decades cannot afford wishful thinking. They need to protect themselves against what they can see coming.




Read more:
Explaining Adani: why would a billionaire persist with a mine that will probably lose money?


The Conversation


John Quiggin, Professor, School of Economics, The University of Queensland

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Can Scott Morrison deliver on climate change in Tuvalu – or is his Pacific ‘step up’ doomed?



Pacific leaders don’t want to talk about China’s rising influence – they want Scott Morrison to make a firm commitment to cut Australia’s greenhouse gas emissions.
Mick Tsikas/AAP

Tess Newton Cain, The University of Queensland

This week’s Pacific Islands Forum comes at an important time in the overall trajectory of Prime Minister Scott Morrison’s very personal commitment to an Australian “stepping up” in the Pacific.

To paraphrase the PM, you have to show up to step up. And after skipping last year’s Pacific Islands Forum, Morrison has certainly been doing a fair amount of showing up around the region, with visits to Vanuatu and Fiji at the beginning of the year and the Solomon Islands immediately after his election victory.

Add to this his recent hosting of the new PNG prime minister, James Marape, and it is clear there has been significant energy devoted to establishing personal relationships with some of the leaders he will sit down with this week.

An ‘existential threat’ to the region

Regional politics and diplomacy in the Pacific are not for the faint of heart. It’s clear from the tone of recent statements by Foreign Minister Marise Payne and the minister for international development and the Pacific, Alex Hawke, that there is some disquiet ahead of the Tuvalu get-together.

And with good reason. For some time, the leaders of the region have been becoming increasingly vocal about the lack of meaningful action from Canberra when it comes to climate change mitigation.




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Yes, Morrison ‘showed up’ in the Pacific, but what did he actually achieve?


Most recently, ten of the Pacifc Islands Development Forum (PIDF) members signed the Nadi Bay Declaration, which advocated a complete move away from coal production and specifically criticised using “Kyoto carryover credits” as a means of achieving Paris targets on reducing emissions.

While this body does not have the regional clout of the Pacific Islands Forum, its membership includes key players, notably Fiji, Tuvalu, and the Republic of the Marshall Islands, whose leaders have all spoken out strongly on the need for stronger action on climate change.

In a speech last month, Fijian Prime Minister Frank Bainimarama urged his fellow Pacific leaders to withstand any attempts to water down commitments on climate challenge in the region and globally.

Bainimarama’s warning: ‘Our region remains on the front line of humanity’s greatest challenges’

Bainimarama is attending this year’s Pacific Islands Forum for the first time since 2007, and has already made his presence felt. Earlier this week, he urged Australia to transition as quickly as possible from coal to renewable energy sources, because the Pacific faces

an existential threat that you don’t face and challenges we expect your governments and people to more fully appreciate.

Losing credibility on its ‘step up’

Given the state of Australia’s domestic politics when it comes to making climate change action more of a priority, it is hard to see how Morrison can deliver what the “Pacific family” is asking for.

The recent announcement of A$500 million to help Pacific nations invest in renewable energy and fund climate resilience programs is sure to be welcomed by Pacific leaders. As is the pledge for A$16m to help tackle marine plastic pollution.

But none of this money is new money – it’s being redirected from the aid budget. And it does not answer the call of Pacific leaders for Australia to do better when it comes to cutting emissions.

An aerial view of Funafuti, the most populous of Tuvalu’s country’s nine atolls.
Mick Tsikas/AAP

Why does this matter? Because it’s becoming increasingly obvious that the inability – or refusal – to be part of the team when it comes to climate change is undermining Australia’s entire “Pacific step-up”.

If Morrison, and the Australian leadership more broadly, want to reassure Pacific leaders that Australia’s increased attention on the region is not just all about trying to counter Chinese influence, this is where the rubber hits the road.

This is not about whether China is doing better when it comes to climate change mitigation than Australia. The Pacific has greater expectations of Australia, not least because Australian leaders have been at pains to tell the region, and the world, that this is where they live – that Pacific islanders are their “family”.

And for Pacific islanders, if you are family, then there are obligations. This week, as has been the case previously, Pacific leaders will make clear that addressing climate change is their top priority, not geopolitical anxieties over China’s increasing role in the region.




Read more:
Everything but China is on the table during PNG prime minister’s visit


There is little doubt that Australia’s “Pacific step-up” is driven by concerns about the rising influence of China. But Morrison knows better than to voice concerns of that type – at least in public – while in Tuvalu.

Numerous Pacific leaders have made it clear that as far as they are concerned, partnerships with Beijing (for those that have them) provide for greater opportunity and choice.

While they welcome renewed ties with traditional partners like Australia and New Zealand, they maintain a “friends to all and enemies to none” approach to foreign policy. That is unlikely to change any time soon.

Tuvalu’s Prime Minister Enele Sopoaga has warned Australia that its Pacific ‘step up’ could be undermined by a refusal to act on climate change.
Mick Tsikas/AAP

Will Tuvalu prove a turning point?

Tuvalu Prime Minister Enele Sopoaga may well be hoping that when Morrison sees for himself how climate change is affecting his country, he will be so moved personally, he will shift Australia’s stance politically.

Indeed, on arrival in the capital of Funafuti this week, leaders are being met by children sitting in pools of seawater singing a specially written song “Save Tuvalu, Save the World”.

So what can Morrison realistically be expected to achieve during the summit? He will be able to demonstrate Australia’s commitment to other issues that are important to regional security, such as transnational and organised crime and illegal fishing.

He can also hope the personal relationships he has cultivated with Pacific leaders deliver returns by way of compromise around the wording of the final communique, if only to avoid a diplomatic stoush.

But if there is no real commitment to cutting greenhouse gas emissions, he will leave plenty of frustration behind when he returns to Australia.The Conversation

Tess Newton Cain, Adjunct Associate Professor, School of Political Science & International Studies, The University of Queensland

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Australia Institute analysis adds to Pacific pile-on over Morrison’s climate policy


Michelle Grattan, University of Canberra

An analysis from The Australia Institute accuses Scott Morrison of planning to exploit a “pollution loophole” equivalent to about eight years of fossil-fuel emissions from the rest of the Pacific and New Zealand.

The “loophole” is using Kyoto credits to help the government meet its emissions reduction target.

The progressive think tank issued its salvo ahead of the Pacific Island Forum in Tuvalu, which Morrison is attending and starts today.

Anxious to sandbag the Australian government against criticism over its climate policy from island countries, for which the climate change issue is major, Morrison has announced Australia is redirecting $500 million of the aid budget over five years to go to “investing for the Pacific’s renewable energy and its climate change and disaster resilience”.

But Tuvalu’s Prime Minister Enele Sopoaga quickly said the money should not be a substitute for action.

“No matter how much money you put on the table, it doesn’t give you the excuse not to do the right thing,” he said on Tuesday.

“Cutting down your emissions, including not opening your coal mines, that is the thing we want to see,” he said.

Fiji’s Prime Minister Frank Bainimarama said this week: “I appeal to Australia to do everything possible to achieve a rapid transition from coal to energy sources that do not contribute to climate change”.

Morrison said on Tuesday: “Australia’s going to meet its 2030 Paris commitments. Australia’s going to smash its 2020 commitments when it comes to meeting our emissions reduction targets. So Australia meets its commitments, and we will always meet our commitments. And that is a point that I’ll be making again when I meet with Pacific leaders.”

Morrison confirmed before the election that Australia would use credits from overachieving on its Kyoto 2020 targets to meet its 2030 emissions reduction target.

The Australian Institute said: “If Australia uses this loophole, it would be the equivalent of about eight times larger than the annual fossil fuel emissions of its Pacific neighbours.”

Australia intends to use 367 Mt of carbon credits to avoid the majority of emission reductions pledged under its Paris Agreement target. Meanwhile the entire annual emissions from the Pacific Islands Forum members, excluding Australia, is only about 45 Mt.

The institute’s director for climate change and energy, Richie Merzian, said the government’s plan to use Kyoto credits was an insult to Pacific islanders.

“You can’t ‘step up’ in the Pacific while stepping back on climate action,” he said.The Conversation

Michelle Grattan, Professorial Fellow, University of Canberra

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Adani has set a dangerous precedent in requesting scientists’ names



The Galilee waterhole is part of the area potentially affected by Adani’s Carmichael mine.
Stop Adani, CC BY-SA

Samantha Hepburn, Deakin University

A freedom of information request has revealed Adani sought the names of CSIRO and Geoscience Australia scientists involved in reviewing groundwater management plans related to its proposed Carmichael mine.

Adani argued it required a list of people involved in the review so as to have “peace of mind” that it was being treated fairly and impartially on a scientific rather than a political basis.

Ten days before Adani’s request, Geoscience Australia’s acting director of groundwater advice and data reportedly raised concerns that Adani had “actively searched/viewed” his LinkedIn profile and that of a colleague.




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Significantly, Adani’s request to the government was made before CSIRO and Geoscience Australia had reported their review findings back to the Queensland government.

While the federal Department of the Environment and Energy reportedly declined to hand over the names, the fact the letter was sent in the first place is concerning. It fundamentally interferes with the capacity of individual scientists to provide clear and informed evaluation.

The letter obtained under freedom of information by environmental group Lock The Gate. Click to enlarge.
Lock the Gate

Was Adani denied procedural fairness?

In the absence of clear legislation to the contrary, government decision-makers have a general duty to accord “procedural fairness” to those affected by their decisions. While procedural fairness is protected by common law, Commonwealth legislation also provides some protection, and a breach of procedural fairness is a ground for judicial review.

What exactly constitutes procedural fairness varies from case to case. Fundamentally, the principles of procedural fairness acknowledge the power imbalance that can arise between an administrative decision-maker and an individual citizen. Traditionally, procedural fairness has two elements: the fair hearing rule and the rule against bias.

The fair hearing rule requires a person – or company, in this case – to have an opportunity to be heard before a decision is made affecting their interest.

The rule against bias ensures the decision-maker can be objectively considered to be impartial and not to have prejudged a decision. This rule is flexible, and must be determined by reference to a hypothetical observer who is fair minded and informed of the circumstances.

There is no indication of any breach of procedural fairness in the environmental assessment process. The review of the groundwater management plan was conducted rigorously, according to the public interest.

The letter sent by Adani requesting the names of scientists was allegedly grounded in concerns about the possibility of anti-Adani activism by expert reviewers. Despite this, Adani made it clear that it was not explicitly alleging bias. Its objective, the letter said, was a desire to be “treated fairly and in a manner consistent with other industry participants”.

The real purpose of the letter

If Adani was seriously concerned about a breach of procedural fairness in the review of their groundwater management plan, it would have sought a judicial review. It did not – because there was no breach.

The scientists working at CSIRO and Geoscience Australia are all experts in their disciplines. They were engaged in the important process of determining whether Adani’s plan for managing groundwater around their mine would meet the environmental conditions of their mining licence. In other words, the scientists were doing their job.

Deputy Prime Minister Michael McCormack has said he “understands” Adani’s actions because of the delays associated with the review, but this is not how the system works.
The delays occurred because the original plan submitted by Adani had to be revised following expert review, and the updated plan required detailed evaluation. The mine could potentially have a serious impact on groundwater, the communities and ecosystems dependent on the water, and the nationally significant Doongmabulla Springs; this deserves careful scrutiny.




Read more:
Unpacking the flaws in Adani’s water management plan


As Adani has not brought an action for judicial review, the substantive purpose of the letter appears to be, as suggested by CSIRO representatives, to pressure scientists and potentially seek to discredit their work. The potentially chilling effect is clear.

Concern about climate change is not bias

The profound concerns raised by climate change and fossil fuel emissions are shared by many scientists around the world. The reports prepared for the International Panel on Climate Change make it clear that coal fired electricity must drop to nearly zero by 2050 to keep warming within 1.5℃.

This shared concern does not make scientists political activists. Nor does it prevent scientists from acting fairly and impartially when reviewing a groundwater management plan.




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The UN’s 1.5°C special climate report at a glance


An acceptance of climate science and even a belief that coal-fired energy should be decommissioned does not constitute bias. A reasonable bystander would expect most environmental scientists to be concerned about climate change.

It is crucial the environmental assessment process for large coal mines remains rigorously independent and absolutely free from any direct or indirect pressure from the coal industry. This is even more important when dealing with groundwater assessments, given their economic, social and ecological significance.

The letter, sent before the review was handed down, sets a dangerous precedent. Not because it suggests the scientists were impartial or there was any procedural unfairness involved in the process. But rather, because it jeopardises the independence of our scientists who, in seeking to ensure the longevity of our water, food and energy resources, carry a heavy responsibility to the public interest.The Conversation

Samantha Hepburn, Director of the Centre for Energy and Natural Resources Law, Deakin Law School, Deakin University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

With the LNP returned to power, is there anything left in Adani’s way?


Samantha Hepburn, Deakin University

After months of “start” and “stop” Adani campaigning, the coalmine is poised to go ahead following the surprise success of the Coalition government at the federal election.

So is anything still stopping the coalmine from being built?

Australia has a federal system of government, but states own coal. This means the Queensland Labor government is responsible for issuing the Adani mining licence.

And there are suggestions pressure is mounting in the state Labor party for the final approvals to be passed.

Strategists have argued the state government must approve the Adani mine if they are to be re-elected next year. One of the reasons Labor lost votes in Queensland may have been because of perceived delays in the approval process by the Queensland Department of Environment and Science.




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Now, Queensland premier Annastacia Palaszczuk has appointed her coordinator-general to oversee the remaining approvals. In a press conference, she said:

I think that the community is fed up with the processes, I know I’m fed up with the processes, I know my local members are fed up with the processes … We need some certainty and we need some timeframes — enough is enough.

But what has “delayed” the state government so far is its legal duty to make sure the coalmine has an effective plan to manage matters of environmental significance.

Before the election, the federal government already approved two controversial environmental plans – the groundwater management plan and the finch management plan. The only thing left now is for the Queensland Labor government to give its nod of approval.



Not ‘delay tactics’, but a legal duty

The federal government does not have jurisdiction over state resources unless the project impacts matters of national environmental significance.

And the Adani mine is one such project. The mine would remove the habitat of an endangered species and significantly impact vital underground water resources.

This means the project needed to be referred to the federal government.

The aim of this referral was to make sure the environmental assessment process would sufficiently prevent or reduce irreparable damage to the environment.




Read more:
Traditional owners still stand in Adani’s way


Generally, in a bilateral arrangement, the federal government authorises the state to conduct an environmental assessment. And this is the framework that has informed the Adani project from the outset.

This is our rule of law, and one that’s in the public interest.

So any suggestion the Queensland government engaged in “delay tactics” when they were carrying out these critical legal responsibilities is inaccurate and misconceives the fundamental legal responsibilities that underlie this process.

There are two more approvals left

There are two outstanding approvals required for the environmental conditions to be satisfied: the black-throated finch environmental management plan and the groundwater environmental management plan.

The habitat of the endangered black-throated finch must be protected.
Steve Dew, CC BY

Black-throated finch

The Queensland government rejected the black-throated finch management plan submitted by Adani last month. This was because the plan did not constitute a management plan at all.

If the finch’s habitat is destroyed by the coalmine, then it’s necessary to outline how this endangered species will be relocated, and how this relocation will be managed.

But the Adani management plan does not do this. Rather than setting up a conservation area for the finch, the Adani plan proposed establishing a cow paddock, which would destroy the grass seeds vital for the survival of the finch.

Clearly this plan does not comply with the environmental condition attached to its licence.




Read more:
Why Adani’s finch plan was rejected, and what comes next


Groundwater management

The Queensland Department of Environment and Science is currently reviewing the groundwater management plan and have sought further advice from Geoscience Australia and CSIRO.

Adani must address how the mine will impact the threatened Doongmabulla Springs in the Great Artesian Basin. This involves creating a groundwater model capable of estimating how much groundwater levels will decrease when water is used to extract the coal.




Read more:
Unpacking the flaws in Adani’s water management plan


This is important because the basin is a water supply for cattle stations, irrigation, livestock and domestic usage. It also provides vital water supplies to around 200 towns, which are entitled to draw between 100 and 500 million litres of water each year.

Any impact on the underground aquifers that feed into the Great Artesian Basin would not only be devastating for the environment, but also for all the communities that rely on its water resources.

The original groundwater model submitted by Adani was not “suitable to ensure the outcomes sought by the EPBC Act conditions are met”.

It’s unclear whether Adani’s resubmitted groundwater model still under-predicted the impact because the further submissions made by Adani have not been subjected to extensive review at the federal level.

Great care needs to be taken to ensure the expert advice from CSIRO and Geoscience is properly heeded.

The mine may cause the Doongmabulla Springs to cease flowing.
Lock the Gate Alliance/Flickr, CC BY

The Adani mine is an outlier in the global coal community

The approval of the Adani coalmine comes at a time when the global community is rapidly moving away from coal.

Germany, a pioneer of the mass deployment of wind and solar power generation, announced the phaseout of its 84 coalfired plants.

Britain has just had its first week without coal-fired electricity, and this new energy mix has rapidly become the “new normal”.




Read more:
How to transition from coal: 4 lessons for Australia from around the world


But the international coal market is variable. India’s consumption is expected to rise by the end of 2023, but their aim is to reduce coal imports. And China’s coal consumption is projected to fall almost 3%, largely due to the country’s ambitious clean energy plans. What’s more, coal is in decline in the United States and across Europe generally.

The global economy is de-carbonising. As global warming accelerates and cleaner energy options gain more traction, coal will inevitably decline even further.

A hasty post-election approval of the outstanding environmental plans for Adani coalmine would not only conflict with our domestic legal framework, but also the broader imperatives of the international community.The Conversation

Samantha Hepburn, Director of the Centre for Energy and Natural Resources Law, Deakin Law School, Deakin University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Unpacking the flaws in Adani’s water management plan


Matthew Currell, RMIT University and Adrian Werner, Flinders University

Adani’s groundwater dependent ecosystem management plan for its proposed Carmichael coal mine was recently approved by federal Environment Minister Melissa Price, despite a review from CSIRO and Geoscience Australia that points out major problems with the modelling.

According to the minister, approval was granted only after the company made commitments to fully address these issues (a claim later called into question).




Read more:
Morrison government approves next step towards Adani coal mine


However, when we look closely at the flaws in Adani’s plan it’s not clear they can credibly be remedied. There’s a very real chance the mine could cause irreversible harm to the nationally significant Doongmabulla Springs.

What a groundwater model is supposed to do

The primary purpose of the model – as is the case for most groundwater models used in mining impact studies – is to determine the likely effect of mining on groundwater levels and flows of water to and from key areas.

One important goal of the model is to estimate the drawdown (decrease in groundwater levels) in aquifers around the mine as it pumps water and digs through aquifers to reach the coal.

Drawdown may cause groundwater levels to decline below thresholds critical to the function of whole ecosystems, such as (in this case) the Doongmabulla Springs.

Groundwater models can also be used to assess changes in flows of water to and from springs and streams, such as the Carmichael River, which crosses the mine site.

What flaws in Adani’s modelling were identified?

CSIRO and Geoscience Australia’s review pointed out three major flaws:

1. Over-prediction of flow from the Carmichael River to groundwater

Groundwater and surface water are intimately connected in the water cycle. For example, in some areas surface water can “recharge” aquifers, while in others aquifers provide water that keeps rivers flowing.

According to the review, Adani has overestimated how much water would flow from the Carmichael River into the aquifers below. This means there is in reality less water available to replenish the groundwater system below the river, which in turn means that the mine will likely cause greater groundwater drawdown than predicted.

2. The hydraulic parameters chosen for key geological units

A fundamental part of any groundwater model is the hydraulic properties selected for each geological layer through which groundwater moves. The most important is hydraulic conductivity: a measure of how much water can be transmitted through an aquifer over time. The review found that Adani’s model uses hydraulic conductivity values significantly different from the values estimated by previous testing of the geological layers at the mine site.

For example, Adani’s model assigned one key layer (the Rewan Formation) much lower hydraulic conductivity values than actually indicated when consultants tested this layer.

This is critically important, as it is the main layer separating the coals that will be mined from shallower aquifers. CSIRO and GA’s conclusion was that this also caused the model to predict less drawdown at the Doongmabulla Springs than is likely in reality.




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3. Bore heights used to calibrate the model were incorrect

According to the Australian Groundwater Modelling Guidelines, groundwater models should be calibrated. This involves comparing predictions made by the model with already measured water levels and other field data.

Calibration fine-tunes models, ensuring they are capable of replicating known behaviour, before predicting future behaviour. Correcting errors identified in the heights of some bores used in the model resulted in a lower overall match between modelled and observed water levels from the site.

The Carmichael River will be affected by Adani’s mine.
Lock The Gate Alliance/flickr, CC BY

Significance of these issues

These flaws are of major significance. If the model is corrected to address them, the review points out that the drawdown at the Doongmabulla Springs will in all likelihood be higher than required under Adani’s federal approval conditions.

We have published peer-reviewed science pointing out additional problems, which the review also noted.

A key uncertainty yet to be resolved is determining the predominant aquifers contributing water flow to the Doongmabulla Springs. It’s possible there exists a deeper source aquifer (rather than, or in addition to, the aquifer assumed by Adani). This has further implications for the level of impact the mine will have on the springs, and the effectiveness of the proposed monitoring program.

Adani was not required to address these problems prior to federal approval of its groundwater plans and is not required to do so until two years after mining activity begins (although, the Queensland government may yet require this).

This raises questions about the environmental approvals process, which currently allows major scientific issues to remain unresolved. Prior to approval, there are opportunities for scrutiny of a project’s impacts, which can result in major project modifications, strict operating conditions or even (in rare cases) rejection. Following approval, opportunities for independent scientific and public input and further modifications are far more limited.

‘Adaptive management’ will not protect the Doongmabulla Springs

In the decision reached by the Queensland Land Court following an objection to the mine in 2014-15, significant uncertainty about its future impacts was recognised. However, it was concluded “adaptive management” would nonetheless safeguard the Doongmabulla Springs. This argument was also the basis for federal approval under the then environment minister, Greg Hunt.

But what is “adaptive management” and can it be meaningfully used here? We would argue no.

The mine may cause the Doongmabulla Springs to cease flowing.
Lock The Gate Alliance/flickr, CC BY

Adaptive management is essentially when a company commits to flexibly changing its approach as it learns more about the environmental impact of its activities.




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However, there is a significant risk that the mine may cause the Doongmabulla Springs to irreversibly cease flowing. Adaptive management, as the US Department of the Interior points out, cannot be used if decisions cannot be meaningfully revisited and modified.

Indeed, Adani has not defined substantive corrective measures for reversing future spring-flow impacts from mining – an essential element of adaptive management. It’s critical Adani puts forward its plan for dealing with these very real risks. Without a credible plan, regulators cannot hope to make an informed decision about the risk the mine poses to the Doongmabulla Springs.The Conversation

Matthew Currell, Associate Professor in Environmental Engineering, School of Engineering, RMIT University and Adrian Werner, Professor of Hydrogeology, Flinders University

This article is republished from The Conversation under a Creative Commons license. Read the original article.